[HISTORY: Adopted by the Town Board of the Town of Hamlin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1987 by L.L. No. 10-1987 (Ch. 98, Art. II,
of the 1987 Code)]
The Town Board recognizes that there are within the Town private,
undedicated roads on which buildings are erected which may, because
of neglect, failure of equipment or other reasons, become impassable
by emergency equipment such as fire-fighting equipment, ambulances
or law enforcement vehicles. The Town Board, by enacting this article,
wishes to provide for access to homes and buildings on private, undedicated
roads to protect the health, safety and welfare of the residents and
users of those roads.
As used in this article, the following terms shall have the
meanings indicated:
The standards adopted by the Town Board of the Town of Hamlin
by resolution from time to time and available in the office of the
Town Clerk.
Police cars, ambulances and fire-fighting vehicles and equipment.
Any nondedicated road, driveway or highway longer than 400
feet on which three or more residential dwellings are located or upon
which there are one or more buildings used for business.
A declaration by the Superintendent of Highways or his designee
that the depth of snow is such that a private road is not passable
by emergency vehicles.
A.Â
Private roads shall be maintained in accordance with the construction
and maintenance standards of the Town.
B.Â
The Superintendent of Highways or his deputy, upon complaint from
a citizen or upon his own initiative, may declare that a private road
does not meet the standards established by the Town Board. In making
his decision, the Superintendent of Highways may consult with the
Town Engineer.
C.Â
Upon a determination that the private road does not meet the construction
and maintenance standards, he may give the owner or owners of such
private road 10 days in which to bring such private road up to the
standards. Notice shall be by personal delivery or by certified first-class
mail addressed to the owner or owners at the address shown on the
current tax roll on file in the Town Clerk's office.
D.Â
Upon failure of the owner or owners of such road to comply with the
order of the Superintendent of Highways, the Town is empowered, with
the authorization of the Town Board, to expend funds to bring the
roadway to specification. Any such expenditures shall be in compliance
with the provisions of the General Municipal Law with respect to competitive
bidding.
E.Â
The expenses of these improvements shall be assessed against the
land on which such improvements are being made and shall be levied
and collected in the same manner as provided in Article 15 of the
Town Law for the levy and collection of a special ad valorem levy.
A.Â
Snow shall not be allowed to accumulate to a depth which will impede
the travel of emergency vehicles.
B.Â
The Superintendent of Highways or his deputy, upon complaint from
a citizen or upon his own initiative, may declare that a private road
is impassable by emergency vehicles. In making this decision, the
Superintendent of Highways may consult with police, fire and ambulance
officials.
C.Â
Upon making a determination that the snow depth does pose a threat
to the health, safety and welfare of the residents, the Superintendent
of Highways shall attempt to determine who is responsible for removing
the snow and shall give oral or written notice to the responsible
individual, agency or corporation. If such individual, agency or corporation
cannot be, with due diligence, notified within 12 hours of making
the determination, the Superintendent of Highways may, by using Town
equipment or by contracting with a private individual or corporation,
cause the snow to be removed.
D.Â
The expense of this snow removal shall be assessed against the land
on which such removal is done and shall be levied and collected in
the same manner as provided in Article 15 of the Town Law for the
levy and collection of a special ad valorem levy.
